The Magistrate Court handles the issuance of warrants and citations for the offense of deposit account fraud (also known as bad checks).\u00a0 The proper venue for prosecution of the offense of deposit account fraud is the county in which the check was delivered. Misdemeanor DAF warrants are handled in Magistrate Court in the County where the financial instrument was delivered; Felony DAF Warrants (transactions over $1,500.00) are bound over to Superior Court for prosecution.<\/p>\n
Applying for a Warrant or Citation for Deposit Account Fraud<\/a><\/span><\/span> Click here: For further information and language required for 10 day letter, see O.C.G.A. Section 16-9-20, Appendix “A”<\/strong>.<\/p>\n Filing Fee<\/span><\/span><\/strong> Identification of the Defendant<\/span><\/span><\/strong> Scheduling of Hearing: <\/span><\/strong><\/span>A hearing will be scheduled as soon as possible.\u00a0 Deposit Account Fraud arraignments are held the 2nd Wednesday of each month at 10:00 o’clock a.m.\u00a0 Deposit Account Fraud trials are held the 3rd Thursday of each month at 10:00 o’clock a.m.\u00a0 All hearings, whether arraignment or trial, are held in the Magistrate Court of Pike County. \u00a0This, however, does not prevent a Defendant from requesting a Jury Trial in the Superior Court. \u00a0Such a request must be made in writing and filed with the Magistrate Court. Representation By An Attorney<\/span> Additional Rights of Persons Accused of Crimes<\/span> Minimum Fines & Fees<\/span>:<\/strong><\/p>\n Checks in the range amount of:\u00a0\u00a0 $0.01 – $25.00 –\u00a0 $75.00, plus amount of check, plus $70.00<\/p>\n Checks in the range amount of:\u00a0 $25.01 – $100.00 – $150.00, plus amount of check, plus $70.00<\/p>\n Checks in the range amount of $100.01 – $1,499.00 – $225.00, plus amount of check, plus $70.00<\/p>\n Checks over $1,499.01 – Felony Warrant, plus fine to be determined, plus amount of check, plus $750.00, plus other costs as may be sought by the Prosecution.<\/p>\n Further Information on Deposit Account Fraud<\/span> The Magistrate Court handles the issuance of warrants and citations for the offense of deposit account fraud (also known as bad checks).\u00a0 The proper venue for prosecution of the offense of deposit account fraud is the county in which the check was delivered. Misdemeanor DAF warrants are handled in Magistrate Court in the County where […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-184","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/magistratepikega.com\/index.php?rest_route=\/wp\/v2\/pages\/184","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/magistratepikega.com\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/magistratepikega.com\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/magistratepikega.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/magistratepikega.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=184"}],"version-history":[{"count":28,"href":"https:\/\/magistratepikega.com\/index.php?rest_route=\/wp\/v2\/pages\/184\/revisions"}],"predecessor-version":[{"id":1201,"href":"https:\/\/magistratepikega.com\/index.php?rest_route=\/wp\/v2\/pages\/184\/revisions\/1201"}],"wp:attachment":[{"href":"https:\/\/magistratepikega.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=184"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}
\nAn applicant must apply for the warrant or citation in person in the office of the Clerk of Magistrate Court. The applicant should bring a completed\u00a0Deposit Account Fraud Warrant Application form<\/a><\/span>. \u00a0(Click the blue for form, which is found at the bottom of the list.) The applicant should bring a copy of the certified letter required by statute.<\/strong><\/p>\n
\nThe filing fee is $20 per warrant or citation.<\/p>\n
\nSince the application may result in the issuance of an arrest warrant or citation, proper identification of the defendant is required. \u00a0In order for an application to be processed, the applicant must<\/strong><\/span> provide at least one of the following identifiers for the defendant: date of birth, social security number, or driver\u2019s license number.<\/p>\n
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\n<\/strong>Recordings of Hearings<\/span>
\n<\/strong><\/span>All hearings are recorded.\u00a0 A party may request a copy of the recording for $15. The request must be in writing, indicate the names of the parties involved and the date of the hearing, and include payment for the recording.<\/p>\n
\n<\/strong><\/span>Either party has the right to be represented by an attorney at the hearing. \u00a0Cases will not be continued automatically for failure of a party to seek counsel prior to the hearing.\u00a0 Any legal questions should be directed to an attorney.<\/p>\n
\n<\/strong><\/span>The accused has the right to remain silent, and any testimony given by the accused may be used against him or her. \u00a0The accused is under no duty to present any evidence tending to prove innocence and is not required to take the stand and testify. \u00a0If the accused elects not to testify, no inference adverse to the accused shall be drawn by the judge, nor shall such fact be held against the accused in any way. \u00a0If the accused testifies, the testimony will be recorded and could be used against the accused if the case is prosecuted.<\/p>\n
\n<\/strong>Please refer to O.C.G.A. Section 16-9-20<\/p>\n","protected":false},"excerpt":{"rendered":"